SAN DIEGO – A patrolman acted within the law when he fatally shot a pedestrian who allegedly tried to pull a gun while being detained in Sorrento Mesa, District Attorney Bonnie Dumanis concluded in a ruling released Monday.

Edwards and fellow SDPD Officer Samantha Fleming were patrolling in the area when they heard what sounded like gunshots shortly before 9:30 that morning, Dumanis wrote in a letter to Police Chief William Lansdowne.

Seeing Kreca walking in the area moments later, the officers stopped to question him. He told them he had not been shooting and had heard no gunfire.

Fleming told Kreca, who was wearing baggy clothing, that she nonetheless had to pat him down, and he consented to the search, Dumanis wrote.

The policewoman then felt a pistol in Kreca's waistband, and she told him she was going to handcuff him for her safety, according to the district attorney.

“According to Officer Edwards, Mr. Kreca replied saying, 'No, you're not going to do that,”' Dumanis wrote. “According to Officer Fleming, he said, 'Let me go; I want to leave,' and began struggling with the officers.”

At that point, Edwards saw Kreca take hold of the gun with his left hand, the officer told investigators.

Edwards also grabbed for the weapon while pulling his own service pistol, warning Kreca to let go or he would be shot. Kreca ignored the order, and Edwards felt Kreca's gun coming out of the man's waistband, Dumanis said.

“After checking for Officer Fleming's location, Officer Edwards placed his gun to Mr. Kreca's chest and fired twice,” Dumanis wrote. “Officer Edwards said he fired because he was afraid since he had lost control of the gun and thought that Mr. Kreca was going to shoot him or Officer Fleming.”

Fleming later reported that she heard the suspect's weapon hit the ground just as her partner opened fire, Dumanis stated.

The 9 mm pistol turned out to be empty, though Kreca had a loaded cartridge magazine in his jacket pocket, according to police.

Fourteen expended shell casings were found under a bridge near where the officers had first spotted Kreca. Investigators concluded that Kreca's gun had fired the shots.

Under California law, peace officers are entitled to use deadly force to protect themselves and members of the public from serious injury or death, Dumanis noted.

“Officer Edwards was not required to wait and see if Mr. Kreca would shoot or attempt to shoot at either officer,” she wrote. “His decision to fire was reasonable and justified under the circumstances confronting him during this incident, and he bears no criminal liability for his actions.”